Court No. - 52
Case :- APPLICATION U/S 482 No. - 21997 of 2019 Applicant :- Alok Ram Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Digvijay Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard counsel for the applicant and A. G. A. for the State.
This application under Section 482 Cr.P.C. for quashing the entire proceeding as well as order dated 13.9.2018 passed by Sub Divisional Magistrate, Ballia in Case No.165 of 2018 (State vs. Alok Ram), under Section 110/111 Cr.P.C., P.S. Phephana, district Ballia.
The counsel for the applicant submits that only on the basis of one case earlier Sub Divisional Magistrate issued a notice dated 13.9.2018 against Keshav Gupta, who was coaccused in Case Crime No.478 of 2017. This Court in Criminal Application u/s 482 No.45456 of 2018, Keshav Gupta vs. State of U.P. and others by order dated 14.12.2018 quashed the entire proceeding of Case No.168 of 2018, registered under Section 110/111 Cr.P.C. The Magistrate has issued a separate notice to coaccused Amir Chand of Case Crime No.478 of 2017 which was registered as a separate Case No.164 of 2018, under Section 110/111 Cr.P.C., P.S. Phephana, district Ballia. This Court by order dated 1.4.2019 quashing the entire proceeding of Case No.164 of 2018 (State vs. Amir Chand) in Criminal Application u/s 482 No.12146 of 2019. He submits that on the basis of a single case the applicant cannot be termed as a habitual offender which is a necessary condition to issue notice under Section 110/111 Cr.P.C.
A perusal of the notice dated 13.9.2018 issued in Case No.165 of 2018 shows that on the basis of Case Crime No.478 of 2017, the present proceeding under Section 110/111 Cr.P.C. has been initiated against the applicant. On the basis of single case the applicant cannot be termed as a habitual offender as held by this Court in the case of Keshav Gupta vs. State of U.P. and others (Criminal Application u/s 482 No.45456 of 2018), decided on 14.12.2018.
In the result the application is allowed. The entire proceeding of Case No.165 of 2018 (State vs. Alok Ram) under Sections 110/111 Cr.P.C. P.S. Phephana, district Ballia pending in the court of Sub Divisional Magistrate, Ballia is hereby quashed.
Order Date :- 31.5.2019 mt